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Monday, 1 May 2017

KINGDOM FACES LGBTI RIGHTS REVIEW

Swaziland’s discrimination against LGBTI people is
being put under scrutiny by a United Nations group.

Swaziland, which is ruled by King Mswati III, as
sub-Saharan Africa’s last absolute monarch, signed the International Covenant
on Civil and Political Rights (ICCPR) in 2004, which protects the rights of
LGBTI (lesbian, gay, bisexual, transgender and intersex) people among others.

Now, after making no progress, Swaziland has been
given a series of questions to answer by the ICCPR Human Rights Committee ahead
of a review in July 2017.

ICCPR
wants to know what measures in law and practice are in
place ‘to protect persons from discrimination and violence based on sexual
orientation and gender identity, including in housing and employment, and to
promote tolerance’.

It added, ‘Please provide information on complaints
regarding violence against lesbian, gay, bisexual, transgender and intersex
persons and any investigations and prosecutions pursued, punishments imposed on
offenders and reparations to victims.’

It also wants to know when same-sex relationships
between men will be legalised in Swaziland.

Discrimination against LGBTI people in Swaziland is
rife. In May 2016, Rock of Hope, which campaigns for LGBTI equality in
Swaziland, reported
to the United Nations Universal
Periodic Review on Swaziland that laws, social
stigma and prejudice prevented LGBTI organisations from operating freely.

It stated, ‘As a result, the few organisations that
seek to advance the rights and welfare of LGBTI people, such as House of Our
Pride and Rock of Hope, are forced to operate under a fiscal sponsor, usually a
larger organisation dealing with HIV/AIDS or gender issues to avoid official
scrutiny. Rock of Hope which has been successful at acquiring formal
registration did so under a cloud of fear to fully disclose their full mandate
and nature of their beneficiaries being LGBTI persons whose existence is denied
and prohibited by the state.’

The report to the UNUPR was presented by Rock of Hope
jointly with three South African-based organisations.

The report added, ‘In Swaziland sexual health rights
of LGBTI are not protected. There is inequality in the access to general health
care, gender affirming health care as opposed to sex affirming health care and
sexual reproductive health care and rights of these persons. HIV prevention,
testing, treatment and care services continue to be hetero-normative in nature
only providing for specific care for men born as male and women born as female,
thereby leaving out trans men and women as an unprotected population which
continues to render the state’s efforts at addressing the spread and incidence
of HIV within general society futile.’

The report added, ‘There is no legislation recognizing
LGBTIs or protecting the right to a non-heterosexual orientation and gender
identity and as a result LGBTI cannot be open about their orientation or gender
identity for fear of rejection and discrimination. For example, the Marriage
Act, only recognizes a marriage or a union between a man and a woman. Because
of the absence of a law allowing homosexuals to conclude neither marriage nor
civil unions, same-sex partners cannot adopt children in Swaziland.’

In
2011, HOOP (House of Our Pride), a support group for LGBTI people in Swaziland,
reported to the United Nations that discrimination against LGBTI people in the
kingdom was rife and extended to workplaces, the churches and even on to the
streets.

In a submission to the United
Nations UniversalReview on human rights
in Swaziland, HOOP said, ‘It is a common scene for LGBTI to be verbally
insulted by by-passers in public places. [There is] defamatory name calling and
people yelling out to see a LGBTI person’s reproductive part are some of the
issues facing LGBTI in Swaziland.’

‘Faith
houses have been known to discriminate against LGBTI, advocating for the
alienation of LGBTI in the family and society, while maintaining that these LGBTI
are possessed by demons.’

In
one of the first reports of its kind detailing sexual orientation
discrimination in Swaziland, HOOP revealed, ‘LGBTI are hugely discriminated
against in the community, as they are not recognized at community meetings and
their points are often not minuted at these meetings nor are they allowed to
take part in community services.’

Police
often ridicule LGBTI people if they report they have been victims of violent
crime.

In
its 2016 report to the United NationsUniversal Periodic Review, Rock of Hope made
seven recommendations to the Swazi Government, including to review laws that
undermine LGBTI persons’ rights in particular and human rights in general
especially as they conflict with the Constitution; and to ensure prosecution of
State agents who commit human rights violations against LGBTI individuals and
their organizations.